10/05/2018 - RIGHT OF THE COMMERCIAL AGENT TO AN INDEMNITY OR COMPENSATION FOR DAMAGE FOLLOWING TERMINATION OF THE COMMERCIAL AGENCY CONTRACT DURING THE TRIAL PERIOD
According to the European Court of Justice (ECJ), the right to indemnity and to compensation for damage, provided for by article 17 of Directive 86/653 to commercial agents, is applicable even if the termination of the contractual relationship between the principal and the commercial agent occurs during the trial period (April 19, 2018 (C-645/16)).
The Italian Supreme Court has confirmed (Order n.21550 of September 18, 2017) that the provision of an arbitration clause, conferring jurisdiction on an (domestic or international) arbitral tribunal to decide over disputes concerning the interpretation and application of an agreement, does not prevent the creditor from resorting to the Italian Court to obtain an order for payment against the debtor.
12/04/2018 - “LA MAFIA SE SIENTA A LA MESA”: THE TRADEMARK IS INVALID BECAUSE IT CONTRASTS WITH EU VALUES
The award of March 15, 2018 of the General Court of the European Union dismisses the action brought by the Spanish company La Mafia Franchises SL against the European Union Intellectual Property Office (EUIPO) and the Italian Republic and confirms the EUIPO’s decision concerning the invalidity of the registration of the trademark “La Mafia se sienta a la mesa.”
07/12/2017 - THE APPLICATION OF THE PRINCIPLE OF EQUALITY IN COMPETITIVE BIDDING DOES NOT ENTAIL THE RECOGNITION OF THE SAME POINTS TO ORIGINAL SPARE PARTS AND NON ORIGINAL (OR COMPATIBLE) SPARE PARTS
With a recent award (Cons. Stato, sez. III, 11/09/2017, n. 4275), the Italian Council of State established that in competitive bidding, the technical score assigned to non-original spare parts may be legitimately lower compared to the technical score assigned to original spare parts.